Borough of Park Ridge, NJ Article IV District Regulations

§ 101-8 Schedule of regulations.

[Amended 9-13-2005 by Ord. No. 2005-19]

All regulations which control development in each of the districts designated in this chapter are set forth on the attached Schedules IV-1 and VI-2 which are attached hereto and made a part of this chapter.[1]

[1] Editor's Note: Schedules IV-1 and IV-2 are included at the end of this chapter.

§ 101-9 Application of regulations.

A. No building shall be erected, moved, altered, constructed, reconstructed or enlarged except as specified in this chapter, nor shall any land or building be used for any purpose or in any manner, except in conformity with all the regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located.

B. In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection and promotion of the public health, safety, morals and general welfare.

§ 101-10 General regulations.

A. Any use not specifically designated as a principal permitted use, accessory use or conditional use is specifically prohibited from any zone district in the Borough of Park Ridge.

B. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building.

C. The area or dimension of any lot, yard or other space shall not be reduced to less than the minimum required by this chapter, and if already existing at less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.

D. All off-street parking and loading shall be located on the lot on which the principal use is located.

E. In cases of uncertainty or disagreement as to the proper application of any of the requirements of this chapter, the determination thereof shall lie with the Board of Adjustment.

F. The sale or display of goods outside the confines of a building or structure is prohibited, except for the following:

(1) The sale of products for garden supply and building material establishments.

(2) The sale of gasoline and related automotive goods at automobile service stations.

(3) Sidewalk sales, subject to the issuance of the applicable permit by the Borough.

(4) Outdoor sales for nonprofit and philanthropic organizations, subject to the issuance of any applicable permit by the Borough.

G. Prohibition of sale of marijuana and related products in all zones.

[Added 10-23-2018 by Ord. No. 2018-017]

(1) In every zoning district referred to in § 101-10 of this chapter, no land or building shall be used or allowed to be used for the sale of drug paraphernalia nor the distribution of marijuana, which includes retail and wholesale marijuana stores, retail and wholesale marijuana cultivation facilities, retail and wholesale marijuana products manufacturing facilities, and retail and wholesale marijuana testing facilities, and the operation of retail and wholesale marijuana social clubs, and all classes of cannabis establishments or cannabis distributors or cannabis delivery services, nor drug paraphernalia as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies by a delivery service.

[Amended 4-27-2021 by Ord. No. 2021-007; 5-23-2023 by Ord. No. 2023-008

[1] Editor's Note: See N.J.S.A. 24:6I-31 et seq.

(2) All activities related to the abovementioned retail and wholesale uses such as, but not limited to, cultivation, possession, extraction, manufacturing, processing, storing, laboratory testing, labeling, transporting, delivering, dispensing, transferring and distributing are expressly prohibited within the Borough. The foregoing shall not be construed to limit any privileges or rights of a qualifying patient, primary caregiver, registered or otherwise, or registered dispensary pursuant to the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1.

(3) Fines and penalties. The maximum penalty for violation of any provision of this subsection shall, upon conviction, be a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, at the discretion of the Municipal Court Judge.

§ 101-10.1 "Drug paraphernalia" defined.

[Added 5-23-2023 by Ord. No. 2023-008]

As used in this chapter, "drug paraphernalia" means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance, controlled substance analog or toxic chemical, other than marijuana or hashish, in violation of this chapter. It shall include, but not be limited to:

A. Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant, other than the plant Cannabis sativa L., which is a controlled dangerous substance or from which a controlled dangerous substance can be derived;

B. Kits used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled dangerous substances or controlled substance analogs;

C. Isomerization devices used or intended for use in increasing the potency of any species of plant, other than the plant Cannabis sativa L., which is a controlled dangerous substance;

D. Testing equipment, other than fentanyl test strips, used or intended for use identifying, or in analyzing the strength, effectiveness or purity of, controlled dangerous substances or controlled substance analogs;

E. Scales and balances used or intended for use in weighting or measuring controlled dangerous substances or controlled substance analogs;

F. Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances or controlled substance analogs;

G. Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled dangerous substances or controlled substance analogs;

H. Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances or controlled substance analogs;

I. Containers and other objects used or intended for use in storing or concealing controlled dangerous substances, controlled substance analogs or toxic chemicals;

J. Objects used or intended for use in ingesting, inhaling, or otherwise introducing cocaine, nitrous oxide or the fumes of a toxic chemical into the human body, such as:

(1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens or punctured metal bowls;

(2) Water pipes;

(3) Carburetion tubes and devices;

(4) Smoking and carburetion masks;

(5) Roach clips, meaning objects used to hold burning material that has become too small or too short to be held in the hand;

(6) Miniature cocaine spoons and cocaine vials;

(7) Chamber pipes;

(8) Carburetor pipes;

(9) Electric pipes;

(10) Air-driven pipes;

(11) Chillums;

(12) Bongs;

(13) Ice pipes or chillers;

(14) Compressed gas containers, such as tanks, cartridges or canisters, that contain food-grade or pharmaceutical-grade nitrous oxide as a principal ingredient;

(15) Charges or charging bottles, meaning metal, ceramic or plastic devices that contain an interior pin that may be used to expel compressed gas from a cartridge or canister; and

(16) Tubes, balloons, bags, fabrics, bottles or other containers used to concentrate or hold in suspension a toxic chemical or the fumes of a toxic chemical.

§ 101-11 Number of buildings restricted.

There shall be no more than one principal building on each lot in any district, except as permitted for townhouses, garden apartments and housing for the handicapped, as regulated herein.

§ 101-12 Limitation on number of uses on lot.

[Amended 4-26-2011 by Ord. No. 2011-015]

There shall be no more than one principal use on each lot in any residential district, ORL District and B-2 District. Multiple uses shall be permitted on a lot in the B-1 District, provided that offices within a mixed-use building shall be limited to the second floor of the building.

§ 101-13 Corner lots.

Corner lots shall have two front yards for measurement purposes.

§ 101-14 Preexisting nonconforming two-family dwellings.

Preexisting nonconforming owner-occupied two-family dwellings shall be permitted to be enlarged or otherwise improved, provided that no additional dwelling units result from the improvement and that none of the applicable zone district's yard, coverage and height restrictions are violated.